Appellate Division: Second Judicial Department

M47421

S/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

ROBERT A. LIFSON

MARK C. DILLON, JJ.

2006-10360 In the Matter of Jeffery Baum, respondent, v Joanne Torello-Baum, appellant; Cassandra Bilotta, nonparty-appellant. (Index No. V-2921-05)

DECISION & ORDER ON MOTION

Motion by the appellant Joanne Torello-Baum on appeals from an order of the Family Court, Rockland County, dated October 2, 2006, to stay so much of the order as directed her to return to the State of New York with the subject child and to allow her to remain in the State of California with the subject child, pending hearing and determination of the appeals.

Upon the papers filed in support of the motion and the papers filed in opposition and relation thereto, it is

ORDERED that the motion is granted and enforcement of so much of the order as directed Joanne Torello-Baum to return to the State of New York with the subject child is stayed pending hearing and determination of the appeals, and Joanne Torello-Baum is allowed to remain in the State of California with the subject child, pending hearing and determination of the appeals, on condition that the appeal by Joanne Torello-Baum is perfected on or before January 2, 2007; and it is further,

ORDERED that in the event the appeal by Joanne Torello-Baum is not perfected on or before January 2, 2007, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the nonparty-appellant shall perfect her appeal on or before January 2, 2007.

MILLER, J.P., CRANE, LIFSON and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court